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Minutes 03-05-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MARCH 5, 1985 PRESENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. The invocation was given by Father Richard Smith, St. Mary's Episcopal Church, followed by the Pledge of Allegiance to the Flag led by Councilman Samuel L. Wright. Simon Ryder, Chairman of the Planning and Zoning Board; Samuel Scheiner, Vice Chairman, and H. Peter Mooij, Member, Community Redevelopment Agency; Ben Uleck, Member of the Board of Adjustment; Ralph Marchese, Member of the Civil Service Board; Lottie Pierce, Boynton Beach Housing Authority; Mary Reeves of The Post; Kipp Friedman, Boynton Beach News Journal, and Dave Gibson, Sun Sentinel, were in the audience. City employees present were William Sullivan, Director of Purchasing; Perry Cessna, Utilities Director; Edward Hillery, Police Chief; Sue Kruse, Deputy City Clerk; Carmen Annunziato, Director of Planning, and Tim Cannon, Senior City Planner. AGENDA APPROVAL Under "VII. DEVELOPMENT PLANS," City Manager Cheney deleted "C. Consider request for a finding of no substantial change in connection with the proposed modification to the Melear PUD", as it should not have been on the agenda. He added a Proclamation relative to Severe Weather Awareness Week under "E. Announcements." Councilman Warnke moved that the agenda be approved with the changes, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS General Election - March 12, 1985 Mayor Zimmerman announced the General Election will be next Tuesday, March 12, 1985. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Special City Council Meeting to Accept Election Returns March 13, 1985 - 5:00 P. M. Mayor Zimmerman announced this, saying it would be Wednesday, March 13, the day after the General Election. Proclamation - American Association of University Women (AAUW Week) March 3 - 9, 1985 Mayor Zimmerman read the Proclamation and presented a copy to Ms. Catherine Vanderkolk of AAUW. Proclamation - Severe Weather Awareness Week - March 3 - 9, 1985 Mayor Zimmerman also read this Proclamation. CITY MANAGER'S REPORT Sunshine Car Wash, North Federal Highway In the past, the City had several complaints about Sunshine Car Wash. The neighbors were at the last meeting and complained about material being thrown over the fence onto private property. City Manager Cheney suggested one of the neighbors collect some of it so the City could see what kind f material it was and discuss it with the owners of the Car ash. He wished to thank the neighbor who phoned today to say he has a bag of the material. In addition, City Manager Cheney contacted one of the co- owners, and he gathered that one of the neighbors had also contacted them. Apparently, this was the first time, this week, that the owners realized there was a problem of noise. City Manager Cheney was assured that the owners are taking the first step by having signs placed on the property, and e hoped the people using the property would heed the signs. ity Manager Cheney said the City will take it step by step until the problem is solved. Reynolds Aluminum Recycling Facility City Manager Cheney reported that Reynolds Aluminum has a recycling facility on North Seacrest Boulevard and will make a 1~ donation to the City's Memorial Tree Fund for all metal recycled with them during the month of March. He said the City will not mind if people take their cans to Reynolds instead of the recycling place by the Water Treatment Plant. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 City Manager Cheney explained that this is an attempt by Reynolds Aluminum to make a contribution to the City and thank the City for providing them with a place where they could have their recycling facility. Water City Manager Cheney informed everyone that Councilman Warnke was visited by a company who wanted to assist him in having clean water. They apparently did some tests of his Water and gave him information about the City's water with a suggestion as to why he should pay $1,800.00 to have some equipment put in to improve his water. Councilman Warnke indicated that he was told that the City has trihalomethanes in its water that are 15 times the National average. City Manager Cheney advised that the trihalomethanes in our water is eight parts to a billion. The maximum contaminant is 100 parts to a billion, so the City is well below the maximum. The company also indicated that the City water comes from an aquifer that is only five to ten feet below the ground and if the City's wells were down to 200 feet, the City would not have a problem. The City's shallowest wells (the old ones we do not use very much) are steel cased to 40 feet and then start drawing water. The next ten wells are steel cased to 70 feet, and all of the City's newest wells are down to 200 feet. City Manager Cheney commented that some people should obtain better information before reporting it to our citizens. Luckily, Councilman Warnke was aware that some of the infor- mation was "off base", and he provided the City with a memo so the City could respond. City Manager Cheney said he would ~rovide the Council with a somewhat technical but more ~etailed response. Councilman Warnke thought it might behoove the City to indi- cate to the public that if someone comes to their house and ants to purify Boynton water, the City's Water Department will be glad to cooperate and provide scientific results from its own testing for a comparison. City Manager Cheney added that the City will test anybody's water any time if people will let them know. City Manager Cheney noticed a machine on the outside of a b~ilding where you can buy water at 25~ a gallon. He also n~ticed that the pipes apparently came out of the building, sm the water coming out of the machine was City water. The - 3 - ~ RHGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 machine apparently sterilizes the water with ultra violet rays and reduces the hardness somewhat. City Manager Cheney's point was there is a lot going on about water and a lot of suggestive scare tactics about City water. He suggested that water people get out of a public distribution system is tested on a regular basis all of the time. City Manager Cheney was not sure that the water people buy from machines or water that is bottled has the same standard of testing the public water supply has. He thought the public should watch out for that when they pay 25~ a gallon instead of 15~. Councilman Warnke remarked that he was going to carry this thing through to Consumer Affairs. City Manager Cheney referred to the lack of rain and said it is time to consider being very careful about the use of water until there is rain. G.A.L.A. City Manager Cheney praised the G.A.L.A., saying the City and people who came were pleased. Those involved with putting it on once again did an excellent job; it went smoothly; and they found more and more people are coming from greater distances. City Manager Cheney added that the artists also were very pleased. PUBLIC AUDIENCE Shooters on the Water Derle Bailey, 644 Las Palmas Drive, (somewhere in the neighborhood of the intersection of N. E. 22nd Avenue and U. So 1 North) is Acting President of the Las Palmas Park Homeowners' Association. They ha~e a nuisance in their neighborhood by the name of Shooters (formerly LaNotte). Mr. Bailey and his neighbors pick up broken bottles, beer cans, and debris in their backyards that come over a concrete wall, which is supposed to be a buffer between them and Shooters' parking lot. Every night they listen to yells, fighting, speeding cars, and screeching tires until 3:00 A. M. Mr. Bailey knew the Council would hear a Noise Ordinance tDnight, but that would not solve their problem. In 1982, the voters of Boynton voted to close bars at 2:00 A. M. Mr. Bailey suggested they open bars at 2:00 A. M. because the - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 people are not as noisy, rowdy, and ridiculous going there. It is only when they are leaving there that they seem to be a problem. Mr. Bailey wanted to discuss this with the Council and invited them to a meeting the next night (Wednesday, March 6, 1985), at 7:00 P. M. at 644 Las Palmas Drive. He confirmed City Manager Cheney's statement that Police Chief Hillery was invited and would be there. City Manager Cheney stated that the City will have an appropriate representative at the meeting to speak to them about the problems they are addressing. N. E. 12th and 13th Avenues Wilda Searcy, 402 N. E. 13th Avenue, saw City Manager Cheney got the people back to work. She was informed by the construction company that the streets will be finished by the middle of April. The City Inspector told her he was happy because now people can get in and out to their houses. Vacant Lots Yesterday (March 4, 1985), Mrs. Searcy met with George Hunt, Assistant to the City Manager, about the vacant lots. She hoped the Council would support what they discussed with other vacant lot owners. Mrs. Searcy reported seeing a man on one of the vacant lots, underneath a car working, and she asked Mr. Hunt to send the Police. She went by again, and the man was still there. Mrs. Searcy also mentioned debris on the lots and said they want their neighborhood cleaned up. Sidewalks Mrs. Searcy reported that she picked up the proposal for the sidewalks from Mr. Hunt and will take it to West Palm Beach (Community Development Agency) at 9:00 A. M., Wednesday, March 6, because they said they could do it. They wanted it Friday, March 1, but Mrs. Searcy could not get it there at that time, so they gave an extension until March 6. Noise at Sunshine Car Wash Mr. James Richardson, 639 South Road, was again appearing because of the noise at Sunshine Car Wash. He commended the Police Department for their rapid action and said it was very good. Mr. Richardson also thanked City Manager Cheney for contacting the owner. - 5 - · REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Mr. Richardson asked if a sign could be put up saying there is a City Ordinance to keep the noise low. Mayor Zimmerman informed Mr. Richardson that the owner is going to design some signs and put them up. When the Ordinance is passed on second reading, Councilman Cassandra believed it then took ten days after that. He asked (if the owner allows it) whether it would be possible to have a sign at the car wash saying the City has a Noise Ordinance so the people will know the City has an Ordinance they can enforce if they have to. Mayor Zimmerman thought if the owner put up signs, there would not be any need for City signs. Councilman Wright agreed with Councilman Cassandra that they could approach it as step 2 if step 1 did not work. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of February 19, 1985 Special City Council Meeting Minutes of February 25, February 25, 1985 B. Bids 1. Purchase of New Pump for Well 910 City Manager Cheney's memo of March 5 referred to the memo- randum from Perry Cessna, Director of Utilities, dated February 5, 1985, which said the yield of Well 910 has been increased by 300% and recommended that the City Council authorize the purchase of a new pump from Water Resources with the understanding that the old pump will be retained as a back-up pump. The Kohler & Campbell Studio Piano for Civic Center - Recreation The Tabulation Committee recommended awarding the bid to Chafin Music Center, Lake Worth, in the amount of $1,850.00. e Report on Improvements to Sewer Line - Boynton Beach Boulevard In his memo of February 11, 1985, Perry Cessna, Director of Utilities wrote that the gravity sewer line which serves Boynton Beach Boulevard and some of the areas to the north - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 and south, from 3rd Street east to lift station 356, is a 20" line which was placed in operation in 1926 as a combined storm and sanitary sewer. City Manager Cheney commented that this sewer line is collapsing. There are two ways of repairing it. One is to dig it all up and replace it for $45,000. Mr. Cessna came up with an alternative of cutting a section in Boynton Beach Boulevard of about 25 feet and putting a piece of plastic pipe inside of the old pipe, then filling the void in, grouting in and all kinds of other things that are necessary. If that works, City Manager Cheney said they will be spending about $7,000 to repair it instead of $45,000. Councilman Cassandra noted that Mr. Cessna implied that the Volume of sewage and water going through the smaller pipe will not have any back-up effect on any people, and, in the meanwhile, a by-pass will be done so the people will have no loss of sewage. C. Resolutions Proposed Resolution No. 85-K Re: Support of the Southeast Florida Plan - Requested by Councilman Samuel L. Wright "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE SOUTHEAST FLORIDA PLAN" Councilman Wright attended a session at Florida Atlantic University and reported that municipalities as well as participants in the program are encouraged to speak to their legislators to bring on hew programs, etc. Some of the other cities have acted favorably upon the Resolution. Proposed Resolution No. 85-M Re: Bond Reduction - Golfview Harbour Estates (Tracts 2 and 3) of the 3rd Section of Golfview Harbour "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR GOLFVIEW HARBOUR ESTATES IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Proposed Resolution No. 85-L Re Release of Bond - Manor Forest, Plat I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE CITY MAIN- - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 TAINED IMPROVEMENTS AND RELEASING THE PERFORMANCE BOND FOR THE PLAT OF MANOR FOREST IN SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 46, PAGES 1 AND 2, PALM BEACH COUNTY RECORDS" D. Development Plans None. E. Legal - Other 1. Renew Emergency Medical Service Director Contract Councilman Cassandra recognized that we need this but noticed that the premium more than doubled, and the City would be paying $8,000 just for protection for a malpractice suit. He thought they should look at other ways to solve that problem. City Manager Cheney said there was no way to solve the problem except to continue to pay the premiums wherever the City can find a company that will carry the insurance. The City is covering it with a Million Dollars, and the County is covering it with Ten Million Dollars. It is kind of a lump sum Countywide policy, and City Manager Cheney thought the Ten Million Dollars covered more than just the Medical Director and a lot of related malpractice. He said the City cannot operate without it because the doctor will not operate without it. Also, by Statute, the City cannot operate a paramedic program without a Medical Director. City Manager Cheney was glad Councilman Cassandra brought this up because it let people know the tremendous cost of the paramedic program and the benefits they are getting. He thought next year in the budget they would separate out in some way the cost of the paramedic program. 2. Pending Court Cases - Report from James Vance Attorney Vance wrote a Memo dated March 5, 1985 to the Mayor and Council regarding pending litigation. 3. Approve Renewal of Library Service Agreement Virginia K. Farace, Library Director, wrote in her Memorandum of February 22 that she and the Library Board recommended that the contracts be executed. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 F. Approval of Bills See list attached. Councilman Cassandra moved to approve the Consent Agenda, seconded by Vice Mayor Ferrell. Motion carried 5-0. BIDS None. PUBLIC HEARING - 8:00 P. M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Consider a request for rezoning the downtown area (Central Business District) - South of NE 7th Avenue, West of Intracoastal Waterway, North of SE 2nd Avenue, and East of FEC Railroad Mayor Zimmerman announced that this had been continued for tonight's meeting, and there still seemed to be a problem. Since City Manager Cheney's Memo of March 5, 1985 indicated that there will be a meeting of the Planning and Zoning Board on March 12 to finalize some of the suggestions, Councilman Warnke moved to postpone this until the Public Hearing at 8:00 p. M. at the regular Council Meeting of March 19. Councilman Cassandra seconded the motion, and the motion carried 5-0. DEVELOPMENT PLANS A. Time Extension/Simon Site Plan Charles J. Simon, D.D.S., 2620 South Seacrest Boulevard, Boynton Beach, Florida 33435, came forward to answer any questions the Council had. Vice Mayor Ferrell asked if the property is for sale. Dr. Simon's intent is to go forth with the building but, because he is having difficulty finding a tenant and since his time extension runs out on March 20, out of frustration, he put a "For Sale" sign on it. Realtors are trying to market the building for Dr. Simon in the way of rental. A big stumbling block for Dr. Simon were some of the restric- tions with the site plan approval, which involved putting in a fire hydrant and bringing a water line to the property. When you consider the entire building structure, it comes to quite an expense. With the amount of setbacks and the small amount of square footage, Dr. Simon said he has to be careful with the economics of it. He stated that cost was a big - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 factor. Another complication was Delray Beach Hospital, which has reduced the attractiveness of professional buildings coming in this area. Dr. Simon thought the development going in across the street and Laurel Lake could be a big benefit to him, if he could wait until that comes about and could then go forth with it at that time. Other than finances, Councilman Cassandra commented that the fire hydrant was not a problem, and he asked if Dr. Simon was still going to abide by all of the restrictions placed on the property by the City. Dr. Simon replied, "Absolutely." As a matter of fact, he thought they said there may be added restrictions because of changes in the Code. Councilman Cassandra moved to grant the one year time extension recommended by City Manager Cheney in his memo of March 5, 1985. Councilman Warnke seconded the motion, and the motion carried 5-0. Consider request for a finding of no substantial change in connection with a proposed modification to the Cherry Walk (formerly known as Lakes of Tara) Planned Unit Development Mr. Annunziato said the developers of the project are beginning to finalize Phase I of the PUD and are requesting modifications in the approved master plan, which he outlined in his memorandum of February 26, 1985. The Technical Review Board reviewed the changes and recommended that Council find no substantial change. The Planning and Zoning Board approved the request, subject to the memo from the City Engineer. D. M. Ambrose, P. E., D. M. Ambrose Associates, Inc., Consulting Engineers - Land Surveyors, 6190 North Federal Highway, Boca Raton, Florida 33431, prepared the revised site plan and submitted it to Mr. Annunziato. He said Mr. Annunziato described thoroughly the primary changes. With reference to the third modification, Mr. Ambrose said the lake is rather deep at the east end, and they spent a great deal of time, money and material in building it up. At this moment, stablilizing it further would become an enormous undertaking. Councilman Cassandra said they would be talking about 24 feet closer to the building line or whatever would be there. If they have a problem stablizing, he thought they would have a shift of the edge closer each time. It created a problem in Councilman Cassandra's mind - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 as to what they were proving, and he pointed out that there was no guarantee of stabilization. Mr. Annunziato read the Memorandum from Tom Clark, City Engineer, dated February 26, 1985, and stated before the City releases the bondr he thought Mr. Clark would have to be satisfied that the final configuration is a stable one. Councilman Cassandra said to suppose it is not stable at that time, and Mr. Ambrose would have to come back and give another change. He was concerned about granting requests of less and less feet. Mr. Ambrose understood what Council- man Cassandra was saying and thought they were prepared to say they will assure the finalization of the position as it is now, at 46 feet. They have stabilized that area by putting in boulders and sand. It has been there six weeks, and Mr. Ambrose assured the Council that they will support that amount of open area beyond the lot l~ne. Obviously, Mr. Clark and others may request some guarantee for a time specific to assure that will remain stable through the next rainy season. Mr. Ambrose thought that was reasonable and said they were prepared to do that. Mr. Ambrose replied negatively to Councilman Cassandra's question of whether a pool was near the area. He explained that this is the east perimeter of the lake, and the pool is on the south center. Councilman Warnke moved that they make a finding of no substantial change in connection with the proposed modifica- tion to the Cherry Walk PUD, subject to the memo from the City Engineer dated February 26, 1985. Councilman Wright seconded the motion, and the motion carried 5-0. Ce Consider request for a finding of no substantial change in connection with the proposed modification to the Melear PUD Mayor Zimmerman announced that this request had been with- drawn. Consider request for a finding of no substantial change in connection with proposed modifications to the Meadows 300 PUD In this instance, Mr. Annunziato said the applicant was requested to develop the site consistent with the type of unit proposed at a density somewhat less than what was pro- posed. However, the issue of setbacks and type of develop- ment would have to be addressed in the master plan modifica- tions. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Hasco Development Corporation was requesting a configuration of lots and setbacks as shown on the overlay. Mr. Annunziato said the setbacks appear to be reasonable for the kind of development proposed. Mr. Annunziato continued that site plans were submitted to show how the lots would be served with sewer and water. As shown in his memorandum of February 28, 1985 addressed to City Manager Cheney, Mr. Annunziato said the Technical Review Board recommended that the Council make a finding of no substantial change. Russell Scott, of Urban Design Studio, West Palm Beach, acting as Agent for Hasco Development Corporation, showed on a graphic the shift of six units from Parcel M to Parcel G that they were requesting. The most unique thing about what they were requesting was the new concept in zero lot lines called the "Z" shape. Mr. Scott said a typical zero lot line building has one win- dow in its exterior wall. It is a fairly rectangular shaped lot, and the concept is a "Z" lot or staggered lot. The building has two areas that are zero lot lines. However, the open spaces remaining on the property wrap around the building, and the lot then has the "Z" shape configuration Mr. Scott gave the benefits in staggering the building in this manner. At regular intervals, facing garage spaces on opposite sides of the street allows a clustering of garages and driveways, keeps the cars further back from the street, and you are not in every case looking at a garage door when you drive down the street. Also, the buildings being on an angle break up the expanse of pavement. It would also allow more flexibility and design creativity in what could be done with the remaining open space. Mr. Scott added that it was interesting to note that even -with the change in configuration, the difference in lot area, buildable area, and open space was within 2% of what one gets on a fairly standard zero lot line. He said they have phototypes that show how backyards can be developed to allow the addition of screen rooms, decks, landscaping, etc. Councilman Cassandra asked if the original square footage of the site plan on the conventional zero lot line was less than, more than, or equal to the new "Z" outlay. Mr. Scott answered that it has not increased. Everything is within 2% of the entire lot area, the allowable building area, the building, and the amount of open space. They are virtually identical. The setbacks are the same. At no point would a - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 building be any closer in a zigzagged zero lot than it would be on a conventional zero lot line, and it avoids the long, windowless wall and also provides more opportunity for win- dows. Mr. Scott assured Councilman Cassandra that there was no privacy invasion from one building to another. He informed ~ayor Zimmerman that you have to go through the house to get from the rear yard to the front yard. On the conventional, you can go on three sides, so Mayor Zimmerman thought this was a disadvantage. As far as the accessibility from where one would keep one's maintenance equipment, Mr. Scott did ~ot consider it a disadvantage. He told Councilman Warnke if he was mowing the yard, he could take the lawn mower through the garage. Councilman Cassandra commented that it would be the buyer's problem. Councilman Warnke wondered where you would keep boats and recreational vehicles. Mr. Scott did not know if they would be allowed to park at the individual buildings or in the garages. Councilman Cassandra said that would be what the development would have to decide. Councilman Cassandra asked if the Technical Review Board felt having "Z" shaped zero lot lines versus conventional zero lot lines that were already approved would be of benefit to the City. Mr. Annunziato explained that this was the same concept but a little different design. He thought this g~ve more privacy than some of the other units. It appeared to City Manager Cheney that you would get more circulation o~f air within the house. M~. Scott told Mayor Zimmerman he believed the Planned Unit Development (PUD) requires common maintenance for the common areas. The front yards would be common areas. Councilman Wright added that the rear lots would be the homeowners' responsibility. There was discussion. Mayor Zimmerman asked how many units were in the site. SCott replied that there are 92. They were originally approved for 98, but are transferring six to the other parcel. Mr. Vice Mayor Ferrell moved to approve the request for a finding of no substantial change, seconded by Councilman Cassandra. Motion carried 5-0. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Ee Consider request for an exception to C-3 District Height Regulations to permit the construction of mechanical equipment and screen walls which exceed the District Height Regulation by 8.67 + feet. This request was submitted by Howar~ McCall for Glenhurst Development, Inc. Mr. Annunziato said this is a request to permit the construc- tion of mechanical equipment on the roof of a four story proposed office building, which will be located on Ocean Drive to the east of where the previously approved Forum Shoppes' four story office building will be. Mr. Annunziato informed Mayor Zimmerman that this plan was approved approximately two years ago and was ready for a permit approximately one year ago. The permits were not received, the plan died, and the applicant has resubmitted, so they are going back through the procedure. The request before the Council was 45 feet to the top of the roof structure for the four story building, and there will be approximately 8-2/3 feet for the mechanical equip- ment. It will be a block and stucco structure with the same roof materials and configuration with a grill screen. As a part of that, Mr. Annunziato said an elevator height also exceeds the height regulations but by less than the 8.67 feet of mechanical equipment. There will be two of those, and they will lie to the north of the building and will be of the same design and same material. The structure sits closer to Ocean Drive. City Manager Cheney explained that this is the vacant lot between the Forum Shoppes and Leisureville. Mr. Annunziato confirmed Councilman Cassandra's statement that the applicant must have his original site plan approved again. If this is approved tonight, he will be on the next Council agenda following a review by the Planning and Zoning Board and the Community Appearance Board. Mr. Annunziato said this is Phase A of Phases A, B and C, and the elevator towers will be in between. Councilman Cassandra asked how close this would be to the Leisureville community. Mr. Annunziato replied that it is about 50 feet to the property line. He told Mayor Zimmerman there are Australian Pines, a landscaped area, and a six foot high masonry wall, which separate the parking area for this build- lng from the Leisureville site. As this is a commercial piece of property venture, Council- man Cassandra wondered if they would fall under Code for 75% - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 to be hidden from the community. City Manager Cheney replied that they did not because the 75% was a special provision the Council put in a Planned Industrial Development. Councilman Cassandra asked if the City has a Code to protect the residents. City Manager Cheney answered that the Community Appearance Board requires their standards for land- scaping and the walk. Mayor Zimmerman believed one of the buildings was designed to have parking in the bottom floor. Mr. Annunziato informed him that it still does. There is parking and then three stories of offices. The elevations break. In some areas, it is two stories, some three, and some four stories. Howard McCall, of McCall & Lynch, Architects and Planners, Boca Raton, representing Glenhurst Development, said these were the same drawings that were presented to the Council in July of 1982. It went through the entire permit process and was ready to have a permit picked up. The project is now ready to go forward. Mr. McCall said the top of the roof structure itself is 45 feet in height. The exception is just for the air conditioning cooling tower equipment, whiCh is screened. People in the audience asked what section of Leisureville it was in. City Manager Cheney replied that it was to the north side of Ocean Drive, across Ocean Drive and north of the golf course. Ben Uleck, 1507 S. W. 17th Avenue, Boynton Beach, said the City passed a referendum that 45 feet was it. He stated that Mr. McCall showed a cooling tower which is part of a build- ing. Mr. Uleck said the City agreed to have an elevator motor room only, not a complete cooling tower. He was adamant in saying that if Mr. McCall wants to go 8-1/2 feet higher, it is against our Code of 45 feet. Councilman Warnke interjected that this was just the first part, and there will be two public hearings after this. He asked everyone not to get excited and wanted to know what the Code Book said about appurtenances above 45 feet. City Manager Cheney read, "Water, cooling and fire towers. . ." Councilman Warnke asked what the height is on that. Mayor Zimmerman believed the Council could allow this and still be within the Code, but added that the Council did not have to allow it. City Manager Cheney clarified that the Code anticipated that this might come up and allows "water, cooling and fire towers, radio and television towers . . church spires, domes, - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 cupolas, . .electrical and mechanical support systems, and similar structures, and their necessary mechanical appurten- ances. . " Mayor Zimmerman determined that the Forum Shoppes was the nearest four story building within this area. Mr. McCall showed a landscaped site plan and said there are three buildings. All three are different, so it is not repetitious. He indicated the location of the first building, proposed to be built now, and said the elevator tower is between the first building and the second building. Mr. McCall also showed where the other buildings would be. The Forum Shoppes are to the west. Councilman Cassandra asked if the commercial venture in this would be business or professional offices. Mr. McCall replied that they would be business offices. Councilman Cassandra said they were talking about 53 feet from the crest of the road to the top. Councilman Wright moved to approve the request for an exception. The motion died for lack of a second. Councilman Warnke moved to deny the request for an exception to C-3 District Height Regulations of 8.67 + feet, seconded by Councilman Cassandra. -- Just because buildings happen to be over 45 feet, and people cannot put everything in four stories, Councilman Wright thought they should take the matter back to the public and get them to reduce it to three stories with exceptions. Councilman Cassandra thought what eventually should be done is to remove the "catch all" phrase that anything possible could be on the roof and it should be specifically spelled out. He pointed out that the City is in the process of changing its Code Book, 'and this might be a good place to approach the people and see how they want it spelled out. Councilman Wright thought it was unfair. He asked Mr. McCall if he could put what he needed to do in the ground. Mr. McCall replied that it would be far less objectionable in the air than it would be in the ground. This surprised Mr. McCall because the Code specifically states that these things are allowed on the roof, and they had prior approval. Vice Mayor Ferrell thought the Council had to do something to address this because, depending on who is here, some get it and some do not. He said they better stop and take a look at it. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Councilman Wright called attention to the fact that most of the time people who have asked for four stories have come in for some exceptions. Councilman Cassandra agreed that the Code has to be addressed because they had everything. He thought the original request was for elevators. Councilman Cassandra read from paragraph 2, "F. Height Limitations and Exceptions", Section 4, Boynton Beach Code, and said it is a "catch all" statement. Councilman Wright said it was by design that it was Passed, and it was written that way from its inception. Nothing has been changed or altered since that time. He was on the Council when it was written, and it was correct the way it was written. Councilman Wright asked if they were going to deny people these requests and contend that they need to address the Code before they continue, or were they just going to ask people not to come and do anything in our community. Vice Mayor Ferrell asked if the description in the Code was not a part of the referendum. Councilman Cassandra replied affirmatively. Vice Mayor Ferrell thought the Council should do its job. Councilman Wright reiterated that he thought it was unfair for them to treat people like this. Councilman Cassandra thought there was a discrepancy. He said what was voted on had at least 15 or 16 words but was advertised in the newspaper allegedly with all of these words. What the people saw on the ballot was not all of these words. There were shouts and applause from the audience. City Attorney Vance interjected that what the people saw on the ballot was mandated by Florida Statutes. Councilman Cassandra was saying what the people saw on the ballot mis- led the people as to what they voted for. Councilman Wright stated he went through all of it and voted not to support it because he did not like it and still does not like it. He said the people in the community wanted four stories and nothing to exceed that. The people wanted four stories maximum in all buildings in this community. The point Vice Mayor Ferrell was trying to make was that, depending on who is there, some the Council allows and some they do not. Councilman Wright added that it is unfair. If they are going to say 45 feet, no matter what, Vice Mayor Ferrell felt they should be saying it all of the time so the people have an idea when they come in. That means the first person who comes in and wants to go 46 feet will be answered, "No." That means the cross, the cupola, etc. If a crowd comes to object to it, then they will know everybody wants 4o go that way. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Mayor Zimmerman looked at it differently. He thought it was at the option of the Council, and the particular circumstances for the request should enter into the picture. Vice Mayor Ferrei1 agreed and pointed out that the circumstances on this were no different than a few of the others. Councilman Wright expressed that something has to be done because these people are spending all of their money to do things. They are passed by the City Planner's office, think they are in compliance with What the people have mandated, and then they come to the Council and are slapped in the face. The way Mayor Zimmerman saw it was that the applicant came in for a site plan approval and did not ask for this on their first site plan approval. Mr. McCall disagreed, saying he most certainly did, and the height limitation was approved by the Council. Mr. Annunziato confirmed this, saying it was approved on July 22. Mayor Zimmerman told Mr. McCall it was better to be turned down now, before all of the plans are completely done. Mr. McCall informed him that the plans have been finished for two years. It went through the permit process that took over a year. Mr. McCall told Mayor Zimmerman there is just one building right now. The drawings for that building are completely finished and have been through all of the City departments, and they received every approval. The drawings are not finished for the other buildings yet. Mr. McCall reiterated that the City missed by a couple of days of taking a year for the permit process. For the Council to do this now seemed totally unfair to Mr. McCall. Mayor Zimmerman thought it came back to the Council for a reason. Councilman Cassandra did not feel that they discussed the reasons why the height was justified. He said if the Coun- cil would look at "Section 4F. 3a through i, Boynton Beach Code," they would see that the request was not justified. It was not a whim but something you look at, and Councilman Cassandra began commenting as follows: With reference to "a", Councilman Cassandra said it did not address the community behind it. As to "b", Councilman Cassandra said the height exception is necessary to the builder. Reading "c", Councilman Cassandra said this would be north and south and they would block the sun area to the homes that are 3 stories below them, so there would be some effect. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Vice Mayor Ferrell reiterated that he thought the fair way to deal with the people was to say it is 45 feet PERIOD. He did not think they could shift at each meeting. Mr. McCall stated that these are necessary parts of a build- ing. What the Council was saying was to put anything on the roof, you would have to build a three story building. Using a percentage of the total length of the building, Mr. McCall told the Council to look and just a very, very small amount of it sticks above the 45 feet. Mrs. Ben Uleck called out from the audience, "Eight feet." · - " and Mr. Mr and Mrs Uleck shouted, "Rules are rules, Uleck said, "If Mr. McCall gets eight feet, the next guy Will want 22 feet." Councilman Wright thought perhaps it would be a good idea to get a building moratorium placed until the City could get some of these things finalized because he thought it was asking too much of the people who are doing things in the community to come in and be slapped continually by the City Council due to things like this. Councilman Wright could not imagine that all of the pro- fessionals in building construction would give their assistance in doing an ordinance like this and put in the exceptions, not knowing they would be needed or required. He could not understand the paying of all of the pro- fessionals in the City their kinds of salaries to come and bring this "kind of garbage." He could not imagine that this was being done. Councilman Wright said Mr. Annunziato and all the other professionals thought it was a great idea to have these exceptions, especially when they were considering a four story building. If the Council is totally against it, they should readdress it and say they just want three story buildings and no more than 45 feet, regardless of any of the exceptions. That seemed to be the way it should be done if everyone was objecting to a few additional feet. Cguncilman Wright said this is what the people in the c?mmunity said they would like to have done. The City Council had supporters to take it to referendum. He thought they should do something before people come just to be turned down. Councilman Wright felt it was a very important matter. Mayor Zimmerman thought the air conditioning could be put on the ground level. He admitted it may be more noisy and look as bad on the ground as it would above, but it was the - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Council's decision. Some man in the audience wished to say something and was told the motion was under discussion. Councilman Warnke explained that the Council goes by Robert's Rules of Order. At the request of Councilman Cassandra, Mayor Zimmerman instructed Mrs. Boroni to take a roll call vote on the motion to deny, as follows: Councilman Warnke Aye Mr. McCall asked if he could make a request. Mayor Zimmerman informed him that the Council was taking a vote now, but he could make a remark when they were through. Councilman Wright thought if Mr. McCall wanted to withdraw his request, he should be able to do that. Mr. McCall stated that there were actually two requests, one for the air conditioning cooling tower (6'7") and the other was for the elevator, which was two feet. He asked if they would specify whether they were denying the entire thing or just the cooling tower. Mayor Zimmerman replied that this was to deny the entire request the way it was. If Mr. McCall brought in another request, it may be accepted. Both Councilman Warnke and Councilman Cassandra agreed that was the motion. Mr. Annunziato clarified his comments. He only put 8.67 feet because that included the 50.2 feet, which was the top of the elevator peak. Obviously, if the one was approved, the other was in line with it. In Mr. McCall's letter of February 25, he pointed out that the air conditioning structure is 53'8" and the elevator goes to 50'2". Mr. Annunziato said he would read the letter and was going to point these out on the overlay. Mayor Zimmerman asked Councflman Warnke if he wanted to withdraw his motion. Councilman Warnke took exception, say- ing they were in the middle of a vote, and they should stay with Robert's Rules of Order. Mayor Zimmerman asked Council- man Cassandra, who seconded the motion, if he agreed. Councilman Cassandra answered affirmatively. Mrs. Boroni continued the roll call vote, as follows: Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Councilman Cassandra No Aye Aye Aye - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 The motion to de_~ carried 4-1 with Councilman Wright voting against the motion. The request was DENIED. Councilman Cassandra thought that from now on, 45 feet would have to be maintained because they cannot have exceptions to the rule. F. Consider request for an exception to C-1 District Height Regulations to permit the construction of mechanical equipment and screen/parapet wall which exceed the regu- lation by 1.25 feet. This request was submitted by Daniel Bienko for James Brady, President, Pylon Real Estate Development Corporation Mr. Annunziato said this involves the westernmost building of the Pylon Interstate Plaza, which is the office building development located on Woolbright Road at the entrance of Boynton Commerce Center east of the E-4 Canal. Mr. Annunziato informed Councilman Warnke that this building has not been built and is the second of two buildings. The first building did not have this problem. Because of the way the grades were cut and proposed, the grade elevation at the base of the building is somewhat higher and necessitated the need for this equipment. Daniel Victor Bienko, Registered Architect, Briel, Rhame, Poynter & Houser, Architect - Engineers, Inc., 5499 North Federal Highway, Suite D, Boca Raton, Florida 33431, said the first building is ready for construction. During the design process, they respected the procedures of the City. At that time, the Community Appearance Board (CAB) expressed a strong need to screen the air conditioning equipment which would be on top of the roof. Mr. Bienko said they took the desires of the CAB, incorpora- ted them into the final design product, and ran into some problems after the fact with the second building because of the grading around the building. The Ordinance reads that the average grade from the four corners to the building has to be 30 feet. The front building comfortably fits under the 30 feet, even with the parapet, but because of the land- fall off towards the canal and the bridge rise that crosses 1-95 and the interchange, they were not able to respect the parking needs in the traffic flow on the site and still get underneath the 30 foot criteria. They addressed the impact in their correspondence, and Mr. Bienko stated that they feel it is not detrimental to any- one in the adjacent area. If they wanted to, they could say - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 it would block out the morning sunrise for 1-1./4 feet, which amounts to two or three minutes in the morning. Other than that, it has no impact on light and air circulation. One of the things that is most helpful to them in this consideration is the fact that they have the increased separation from adjacent property by the drainage canal. Mayor Zimmerman noted the circumstances here were different, and he asked if the 30 foot height limit in this zoning district was set by referendum. Mr. Annunziato said this is the district height regulation which appeared in the Zoning Code at the time it was prepared in 1975. Councilman Cassandra said the parapet is to hide the mechani- cal appurtenances on top, and he asked if it was above 45 feet. Mr. Annunziato answered negatively. Councilman Cassandra understood they were trying to get the same symmetry of their building and the same height. To do that, they were increasing what would have been a normal design by 1.25 feet above the height limitation of the City of Boynton Beach. Mr. Bienko agreed that, essentially, was what was happening. The three feet above the roof line was necessary to properly screen the air conditioning equipment. When you apply the same three feet to the second building, you exceed the limitation by 1.25 feet. There was more discussion. Councilman Warnke commented that they were talking about 1.25 feet above 30 feet and not above the 45 feet, and he moved to approve the request for an exception. Councilman Wright seconded the motion. Councilman Cassandra questioned whether this was 46.25 feet above the grade level. City Manager Cheney informed him it was 31.25 feet. There was more discussion. Councilman Cassandra asked if it had anything to do with Section 4F of the City's Code because of the 30 foot requirement. Mr. Annunziato answered that it did. City Manager Cheney advised that Mr. Bienko responded to Section 4F in his letter of February 11, 1985. A vote was taken on the motion, and the motion carried 5-0. Mayor Zimmerman declared an intermission at 9:05 P. M. and the meeting reconvened at 9:15 P. M. - 22- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed.Ordinance No. 85-15 Re: Annexation of Rights- of-Way/Boynton Beach Boulevard, Knuth Road and Boynton Beach Plaza Alleyway Attorney Vance read proposed Ordinance No. 85-15 by title: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNIN- CORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY, AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY; SAID PROPERTY COMPRISING THE EXISTING RIGHT-OF-WAY FOR A PORTION OF BOYNTON BEACH BOULEVARD, A PORTION OF KNUTH ROAD, AND AN ALLEYWAY ABUTTING THE BOYNTON BEACH PLAZA; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING ~FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT; AND FOR OTHER PURPOSES." Mayor Zimmerman ascertained that nobody in the audience wished to speak in favor or in opposition to this ordinance. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Ferrell moved to adopt proposed Ordinance No. 85-15 on second reading. Councilman Warnke seconded the motion. Mayor Zimmerman asked about the post office. Mr. Annunziato thought they were proceeding and was not sure they had an obligation to secure permits from anybody. City Manager Cheney commented that they have an obligation to have some- one turn the water on for them. Mrs. Boroni took a roll call vote as follows: Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Councilman Cassandra Councilman Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Proposed Ordinance No. 85-17 Re: Uses permitted in a PID District (Proposed Ordinance has been found by the Planning Board to be consistent with the Comprehensive Plan and is consistent with previous City Council direc- tions and discussions. Ordinance would require PID uses to be subject to Environmental Review process) Attorney Vance read proposed Ordinance No. 85-17 by title: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, BY AMENDING SECTION 7. PLANNED INDUSTRIAL DEVELOPMENT DISTRICT., E. USES PERMITTED, TO PROVIDE THAT ALL PERMITTED USES COMPLY WITH THE PERFORMANCE STANDARDS OF SECTION 4-N OF THE ZONING CODE; BY PROVIDING THAT CERTAIN USES SHALL REQUIRE THE ISSUANCE OF AN ENVIRON- MENTAL REVIEW PERMIT; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 7. PLANNED INDUSTRIAL DEVELOPMENT DISTRICT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Zimmerman determined no one in the audience wished to speak in favor or in opposition to this Ordinance. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Ferrell moved to adopt Ordinance No. 85-17 on second reading, seconded by Councilman Warnke. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Mayor Zimmerman Vice Mayor Ferrell Councilman Cassandra Councilman Warnke Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 85-18 Re: CRA Moratorium Extended (Proposed extension is related to timing of expected approval of CBD Ordinance) Attorney Vance read proposed O'rdinance No. 85-18 by title: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 83-40 BY EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND - 24- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 STRUCTURES WITHIN THE DOWNTOWN BUSINESS DISTRICT OF THE CITY; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Zimmerman ascertained that no one in the audience wished to speak in favor or against this Ordinance. THE PUBLIC HEARING WAS CLOSED. Councilman Warnke moved to adopt proposed Ordinance No. 85-18 on second reading, seconded by Councilman Wright. Mrs. Boroni took a roll call vote on the motion, as follows: Vice Mayor Ferrell Councilman Cassandra Councilman Warnke Councilman Wright Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 85-19 Re: Adoption of The National Electrical Code, 1984 Edition Attorney Vance read proposed Ordinance No. 85-19 by title: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-16 ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1984 EDITION TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AS AMENDED; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Zimmerman determined that no one in the audience wanted to speak in favor or in opposition to this Ordinance. THE PUBLIC HEARING WAS CLOSED. Councilman Warnke moved to adopt Ordinance No. 85-19 on second reading, seconded by Councilman Cassandra. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Councilman Cassandra Councilman Warnke Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Aye Aye Aye Aye Aye Motion carried 5-0. - 25- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 ORDINANCES - lST READING: 1. Proposed Ordinance No. 85-16 Re: Noise Ordinance ................................................. TABLED Councilman Cassandra moved to remove Ordinance No. 85-16 from the table, seconded by Councilman Warnke. Motion carried 5-0. Attorney Vance read proposed Ordinance No. 85-16 by title on first reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15. OFFENSES - MISCELLANEOUS, ARTICLE I. IN GENERAL. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, ~FLORIDA, BY REPEALING IN ITS ENTIRETY SECTION 15.8. NOISE. AND BY SUBSTITUTING THEREFOR A NEW SECTION 15.8 THROUGH 15.8.8 ENTITLED "NOISE CONTROL."; PROVIDING FOR THE PURPOSE AND SCOPE OF SAID ORDI- NANCE; PROVIDING STANDARDS AND DEFINITIONS FOR NOISE CONTROL; PROVIDING FOR PROGRAM ADMINISTRATION; PROVIDING INSPECTION PROCEDURES; PROVIDING FOR THE PROHIBITION OF CERTAIN ACTS; PROVIDING FOR PENAL- TIES; PROVIDING FOR SOUND LEVEL LIMITS BY RECEIV- ING LAND USES; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15. OFFENSES - MISCELLANEOUS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Warnke moved to adopt proposed Ordinance No. 85-16 on first reading, seconded by Councilman Cassandra. Councilman Cassandra asked Attorney Vance if you measure the noise level from the boundary line of the property to the noise item. With the old side setbacks of 7-1/2 feet, an air conditioner could be put on a concrete slab 2-1/2 feet from your boundary line or closer. Attorney Vance read the definition of "REAL PROPERTY LINE", from near the top of page 6 of the Ordinance. He then read from "Sound Levels by Receiving Land Use", near the top of page 9. It was City Manager Cheney's understanding that once this Ordinance is passed, they will next identify two or three people that they will send to a Noise Inspector's certifica- tion session if they can find such a program. These people will be prepared to be expert witnesses in court, which both City Manager Cheney and Attorney Vance said is required. - 26- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Councilman Warnke interjected that equipment will also have to be pUrchased. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Warnke Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Councilman Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 85-20 Zoning Map Re: Replace the Official For the record, Attorney Vance said the basic reason for this Ordinance is to replace an old, defrayed and battered zoning map that is beginning to fall apart. He read proposed Ordinance No. 85-20 by title: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REPLACING THE OFFICIAL ZONING MAP AS ADOPTED BY ORDINANCE NO. 80-19, WHICH WAS ENACTED MAY 20, 1980; PROVIDING THAT THE OFFICIAL ZONING MAP ADOPTED HEREIN SHALL REPEAL AND SUPERSEDE ALL PRIOR ZONING MAPS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Wright moved to adopt proposed Ordinance No. 85-20 on first reading, seconded by Vice Mayor Ferrell. Councilman Warnke asked if this would be changed again when they get the Central Business District (CBD) Ordinance. City Manager Cheney replied that it will be, but this will be needed in the interim. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Councilman Cassandra Councilman Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 RESOLUTIONS None. OTHER Report on City Code of Ordinance Review City Manager Cheney said the Municipal Code Corporation looked a~ our Code and identified those areas where we are inconsistent with State law and those areas where there are inconsistencies within the Code itself, and made other suggestions that appeared to be appropriate. City Manager Cheney told of the Code Corporation's organiza- tion. He suggested that once the Council had a chance to study this, they put it on an agenda or workshop. City Manager Cheney did not think there was any other way the Council could do this than to take it item by item, agree that they want to go along with the changes, instruct the City Attorney to prepare (with whatever help the Code Corporation will give) the Ordinances necessary to make the changes, and then adopt them. City Manager Cheney thought there were two other things that then would need to be done: (1) When they met with the Code people, they suggested that the City might want to look at the Charter. City Manager Cheney suggested that the Council ask the Code Corporation to review the City Charter, as there are things in the Charter which are out of place. (2) Then City Manager Cheney thought they should take the Code Book, chapter by chapter, and see the changes they want to make from a policy point of view. He thought a lot of what the Council wants to address are policy questions in the Code, and he explained. Attorney Vance thought it might make sense to request the Code Corporation to review the Charter and do a work session on the Charter and the suggestions. There was discussion. When some of the Council Members were at the Code Corporation, Councilman Warnke recalled they indicated there might be a better way of indexing the Charter and the Code Book, and the Code Corporation agreed. City Manager Cheney said the question was whether they wanted to pay to have them index it now or wait until the City gets some of the "stuff" out of it. City Manager Cheney suggested Wednesday, April 3, at 7:30 P. M. as a tenative date for a workshop. He said they could talk about it as they go along. - 28- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 OLD BUSINESS Capital Improvement Program Architectural Selection Decision Based on the Workshop Meeting of March 4, 1985, Vice Mayor Ferrell said he would make a motion. He was advised by Mayor Zimmerman and City Manager Cheney that all three of the firms were to be named, in the order selected. Vice Mayor Ferrell moved to select: 1. Miller, Meier & Associates 2. Wallace, Roberts & Todd 3. Oliver & Glidden Architects Councilman Warnke seconded the motion, and the motion carried 5-0. City Manager Cheney conferred with Mr. Miller this morning and is to meet with him for their first discussion on March 15. NEW BUSINESS Consider Staggered Terms for City Boards - requested by Councilman Nick Cassandra City Manager Cheney passed out a revised memorandum to the Council. Councilman Cassandra thought the memo was self- explanatory. City Attorney Vance agreed with Mayor Zimmerman that it will mean changing the Ordinance or Resolution in some cases. There was discussion. City Manager Cheney interpreted the indications of the Council to mean they should proceed according to his revised memorandum of March 5. Attorney Vance said he would start drafting the appropriate Resolutions and Ordinances in accordance with the memorandum. ADMINISTRATIVE ae Consider replacement to fill alternate position on Community Appearance Board (Vice Mayor Robert Ferrell - Postponed to February 19, 1985) ................. TABLED Vice Mayor Ferrell wished this to be left on the table. Consider replacement to fill alternate position on Boynton Beach Housing Authority - Councilman James R. Warnke ........................ TABLED - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 5, 1985 Councilman Warnke wanted this left on the table. He said they may want to change their Board or terminate it. OTHER None. ADJOURNMENT Councilman Wright moved, seconded by Vice Mayor Ferrell, to adjourn, and the meeting adjourned at 9:40 P. M. CITY OF BOYNTON BEACH, FLORIDA f /~/ Vice Mayor Councilman --~~/~ ~'~' "~ tY~~clerk ~~ (Two Tapes~ - 30 - AGENDA March 5, 1985 CONSENT AGENDA - ADMINISTRATIVE ALLEN INSURANCE AGENCY Audit on General Liability for period from 9/20/83 to 9/20/84. Pay from various funds--Golf Course, Water & Sewer and General Fund. ALLEN INSURANCE AGENCY Audit on Automobile Blanket insurance from 9/30/83 to 9/20/84. Pay from Vehicle Service Fund---501-!93-519-40-41 ALSAY INCORPORATED Redevelopment and Rescreening of Water Supply of Well %10 per contract. Pay from Utility General Fund---403-000-169-01-00 e BOCA RATON PUBLISHING COMPANY 17,000 Boynton Bulletin's for Recreation Dept. Pay from General Fund---001-721-572-40-72 $600.00 Pay from Publicity Fund---001-191-519-40-5J 600.00 Total 1200.00 BOYNTON BEACH CHAMBER OF COMMERCE Informational Services - January 1985 Pay from Publicity Fund---101-191-519-40-54 e CAMPANELLA CORPORATION Est. %4 Cherry Hills Improvement Project Phase I and II thru February 26, 1985. Pay from General Fund---001-000-115-87-00 10~ Reimbursable from Community Redevelopment CLUB CAR February Lease of 30 Golf Carts and Maintenance Pay from B-B.Rec.Fac.Rev.--411-726-572-40-99 DAVIS WATER & WASTE INDUSTRIESt INC. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 CoUNCiL l eet ng. 4,792.00 1,327.00 21,335.00 1,200.00 1,125.00 75,699.20 2,138.50 10,890.00 10. 11. 12. 13. 14. -) 16. 17. -2- ELPEXr INC. 6 Tires ~ $225.00 each. Pay from Vehicle Service Fund---501-193-519-30-22 ERNST &WHINNEY Professional Services rendered, through 1/31/85 in connection with annual audit for year ended 9/30/84. Pay from various funds. DAN GAGNON - PAINTING & WATERPROOFING, INC. Cleaning& Repainting Potable Water Clarification Unit as per contract. Pay from Water & Sewer Rev.---401-332-533-40-3S HAYGOOD & WILLIAMS, P.A. Professional Services rendered through Dec.,1984 thru Jan. 31, 1985. Pay from Community Redev. Agency---621-136-513-40h68 HOLMAC INTERNATIONAL CORPORATION Oil and Lube for vehicles. Pay from Vehicle Service Fund---501-193-519-30-21 PARK STRUCTURES OF AMERICAt INC. 4-2 Seater (No backs on seats) for Beach Improvement. Pay from Rec.& MuniciDa1 Beach Improvement Fund: 303-000-169-33-00 Council approved 12/18/84 S.I. LIME COMPANY Pebble quicklime for Water Treatment Pay from Water & Sewer Rev.---401-332-533-30-65 JIM VANCE, P.A. Professional Legal Services - Robert Richardson vs City - $2,437.50 & Palm Beach Leisureville vs City - $1,893.75 Pay from General Fund---001-141-514-40-6M $2,437.50 Pay from General Fund---001-141-514-40-61 1,893.75 Total $4,331.25 J. WILLIAMS PUMP SERVICE~ INC. Gould Lime Slurry Pump. per bid specifications. Pay from Water & Sewer Rev.h--401-332_533_40_33 $ 1,350.00 9,020.00 7,600.00 1,368.75 1,892.93 2,135.00 14,409.49 4,331.25 3,183.75 19. 20. 21. 22. 23. -3- WOODBURY CHEMICAL CO~IPANY 5,600 Lbs, Medalist Special Blends for Golf Course Pay from 1983/84 Budget-~411-726-572-30-46 Per bid 9/11/84, ~Council approved 9/18/84 CHARLIE ANDREWS Driver for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 ISIAH ANDREWS Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 WILLIE RUTH MCGRADY Server for Senior Cltizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance $73-15, passed 5/15/73 OUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD ity's portion "SHELL OIL PROPERTY APPRAISAL~$2" Pay from Utility General Fund---403-000-169-12-00 ~HEODORE M. MORGAN, M.AoI. Re: Windward S/D Sewer Force Main and Water Lines Project No~ 02584 -- Parcel: Mac Connell & Hall Pay from Utility General Fund---403-000-!69-01-00 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. 4,730.00 70.20 140.40 201.60 2,100.00 2,400.00 Grady~FinanceC~~Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager